THE Criminal Injuries Compensation Tribunal was directed by the High Court yesterday to reconsider a Dublin man's claim for more than £500,000.
Mr Eamonn Gavin (53) of Orwell Park Green, Templeogue, Dublin, claimed that a £100,000 award made to him by the tribunal was too low and that the tribunal had not given its reasons for the decision.
Miss Justice Carroll in her judgment yesterday directed the tribunal to reconsider Mr Gavin's claim in accordance with her judgment.
The judge said that on February 26th, 1984, Mr Gavin was the victim of what had become a notorious crime. His car was stolen by a number of persons. He had tried to prevent the theft and was carried on the bonnet of the vehicle and subjected to severe assault by the perpetrators of the crime while they were trying to dislodge him.
Mr Gavin lodged a claim with the tribunal for injuries received in this crime and was awarded £2,035 in 1985 to cover all aspects of his claim, which he accepted.
There followed a series of unnerving incidents. In November 1984, the windows of his own car and his company car were smashed outside his house. In May 1985 he was threatened.
In November 1985, when attending court, Mr Gavin was advised by gardai to leave and wait elsewhere, which he did, when he was subjected to abuse by a gang of youths. Later that day he was again threatened. He was also subjected to other threats and obscene letters.
Mr Gavin attempted to reopen his original application on the February 1984 crime. This was refused as he had been awarded and accepted compensation.
He brought five fresh applications to the tribunal, the first in December 1990, in respect of the incident relating to the cars, claiming mental injuries and the others dated October 30th, 1991, claiming mental stress. The applications were heard by a single member.
Mr Gavin claimed that after the incidents he started to lose concentration, and suffered depression and post traumatic stress disorder. He resigned from his job in September 1986.
He tried to get employment, but claimed it was unlikely he would ever again get secure employment. He had to sell his house and move into rented accommodation.
The tribunal in November 1993 decided that Mr Gavin was clearly the victim of a number of incidents which amounted to assaults and awarded him £100,000.
The question of costs was adjourned for a week.